Particulars on the Okinawa issued Divorce Decree
When applying for a divorce in Japan, you can mention on the Petition document certain particulars you want to be stated on the divorce decree.
Although you can mention any matter you want to be determined before the court and to be incorporated into the divorce decree, the most common particulars a couple wish to add are details related to children (if any) and property/assets division.
Please note that depending on the subject, the Court may refrain from entering statements on the divorce decree. Such decision will be made by the court.
[ Child-related Particulars ]
This is the most common subject to be entered into a divorce decree. It will state (1) which parent is granted custody, (2) visitation rights, (3) child support payment, and details thereof.
[ Property/Assets Division ]
If you and your spouse have or own common property (joint assets), you may choose to include a clause regarding how such property should be divided upon divorce into the divorce decree.
When Japanese nationals get divorced, it is a common practice to create a “Divorce Agreement” and have it notarized aside from the legal procedure of getting divorce. Because of this, a divorce decree issued by a Court in Japan will only state the essential points of the matters that were determined during the divorce hearing.
IF you have any children or properties to divide upon divorce and wish to have every detail of what was agreed upon between you and your spouse recorded as an official document, we highly recommend you create a separate Divorce Agreement and get it notarized on base or at the U.S. consulate (if you are not a service member).